which protects people against self-incrimination. the team has tried to get the judge to declare a mistrial in part because they won't be able to confront lynch's accuser but the judge has refused all three requests. court was out of session yesterday, trial resumed today. again with will lynch likely taking the stand. bob redell, "today in the bay." >> new this morning the pair of fires in the south bay early this week have been ruled arson. both of those were in recycling bins at the same apartment complex. this was near 85 and blossom hill road in san jose tuesday night. the one on spinnicer walkway scorched the side of the building and the fence, the second around the corner on coy drive damaged several gas meters and forced more than a dozen people out of their homes. >> a three-alarm fire under investigation. crews have been at the scene all night long. we're told the home on seventh street was still under construction when flames broke out. nobody was hurt. >> health care coverage for millions of americans is about to change.

this is something people sometimes exercise when they don't want to say anything self incriminating.means father lindner may not testify further against lynch, a man accused of beating him up. the defense won't be able to cross-examine the priest and all of his previous testimony will be stricken from the record. his decision to take the fifth comes after his denial on the stand that he had sexually assaulted william lynch in a camping trip 35 years ago. both the defense and the prosecution believe father lindner lied when he made that denial. he has never admitted to the crime and never charged because the statute of limitations had run out. because of this this morning the defense will ask the judge to declare a mistrial. >> the jury has heard a lot of information that william lynch assaulted him. is the jury going to be able to disregard that if they strike his prior testimony? >> actually we want a full cross-examination. we want the chance to have the trouble. >> the defense has asked the judge twice to throw out this case against william lynch, first because the prosecution all

for the second straight day, far lynner invoked his fifth amendment rice against self- incrimination. the judge ruled the trial would proceed without giving the defense to cross exam linder. >> a victim because there's a man up there who is a rainest and he's allowed to go free. society is the victim. >> the judge's decision strike the previous testimony means three other people cannot take the stand. >>> oakland police are offering a $5000 reward for information leading toons they're a sexual assault case. woman told a police she went into a public restroom and saw man inside. the man grabbed her and attack for had had. she described him as fireman and dread locks anergia make can accent. >>> and crews unable to rescue a man follow the unites game. exactly what happened to the man, remains a mystery. >> reporter: police say two days ball fans attending the damage giants dodger game returned to their car about 10:40 the missing man's friend says both of them got inside and sat in the car for a by the. >> his friend was on the phone and he got out of the vehicle and did not return to t

breast refused to answer any more questions on the stand invoking fifth amendment right against self incrimination. >> man who spent his entire life abusing people. hiding behind the church. hidden out once again. man is a resolute coward. >>reporter: father lin is actually the victim in the trail. prosecutors say lynch assaulted him at catholic retirement center in los gatos two years ago so lynch supporters say despite the fact that the trial is over the beating they were still hoping the truth about the molestation would emerge. they say father lin percentageered himself when he testified last week that he never molested lynch. smith is a spokesperson for the lynch family. >> disappointing because thes cross examination of the priest was going to be very thorough and expected to the highlight a number of inconsistency and discredibility. >> now the jury must pretend that they never heard his testimony. june struck down all of it since he refused to be cross examine in. even though defense attorneys are disappointed they won't get to question the priest on the stand, today development are rail b

breast refused to answer any more questions on the stand invoking fifth amendment right against self incrimination. >> man who spent his entire life abusing people. hiding behind the church. hidden out once again. man is a resolute coward. >>reporter: father lin is actually the victim in the trail. prosecutors say lynch assaulted him at catholic retirement center in los gatos two years ago so lynch supporters say despite the fact that the trial is over the beating they were still hoping the truth about the molestation would emerge. they say father lin percentageered himself when he testified last week that he never molested lynch. smith is a spokesperson for the lynch family. >> disappointing because thes cross examination of the priest was going to be very thorough and expected to the highlight a number of inconsistency and discredibility. >> now the jury must pretend that they never heard his testimony. june struck down all of it since he refused to be cross examine in. even though defense attorneys are disappointed they won't get to question the priest on the stand, today development are rail b

a regular citizen has are right to not self-incrimination. then the police department, you can say that, and you certainly have that right as a citizen of the united states, and you're immediately sent over to the administration of internal affairs, where you were given an admonition, and you were going to say, now you're going to tell me exactly what happens, and they have to tell you or you're fired. that is the circumstance we're going through right now. i can tell the officers to tell me what happened, because if they do not, they are fired. so, they are telling us what went on. and it to the bottom of this investigation. with regard to generically if people do not say what ever -- there is pressure, but i think that largely, now in this day and age, with the light shining on us 100% of the time, i would tell you that when issues come forward, the officers would not have happened. >> mr. herley, do you have comments? >> i would absolutely agree with the chief. there are very few times you were brought before your boss and ordered to tell

breast refused to answer any more questions on the stand invoking fifth amendment right against self incrimination abusing people. hiding behind the church. hidden out once again. man is a resolute coward. >>reporter: father lin is actually the victim in the trail. prosecutors say lynch assaulted him at catholic retirement center in los gatos two years ago so lynch supporters say despite the fact that the trial is over the beating they were still hoping the truth about the molestation would emerge. they say father lin percentageered himself when he testified last week that he never molested lynch. smith is a spokesperson for the lynch family. >> disappointing because thes cross examination of the priest was going to be very thorough and expected to the highlight a number of inconsistency and discredibility. >> now the jury must pretend that they never heard his testimony. june struck down all of it since he refused to be cross examine in. even though defense attorneys are disappointed they won't get to question the priest on the stand, today development are rail blow to the prosecution say our ana

yesterday, lindner refused to testify any further, pleading the fifth to avoid self-incrimination. now, lynch's lawyers argued for a mistrial this morning since they won't be able to cross-examine the priest about his credibility, which they say was going to be the cornerstone of their defense. the judge denied that motion saying it was a moot point since all the priest's testimony has been stricken from the record and the jury told to ignore anything he's said and that he even made an appearance. this morning the trial did resume with the prosecution's next witness. a paramedic who responded to the assault to transport lindner to the hospital. he testified the priest had injuries over his eye and ear, seemed a little shaken up but was stable and alert. reporting live outside the hall of justice in san jose, bob redell, nbc bay area news. >>> several people remain hospitalized with serious injuries following a weekend of violence in downtown san jose. police say there were two separate incidents outside of nightclubs. one went off on south first street where a man was attacked bay

it begs the question, what is in those internal documents that the department of justice so self incriminating that the d o.j. would with not release them? why would they rather use them as a negotiating tool? prior to today we have not had a request for executive privilege. now it is asserted apparently the president is requesting executive privilege. we assume that the presidential executive privilege request only involves his kmuk deliberations so prior to today we weren't aware the president was engaged in the deliberations in response to the actions after the february 4th. what we requested. the reason we are even interested in these documents is the department of justice gave congress a false statement february the 4th of 2011, about d o.j.'s knowledge of fast and furious yx. december the 10th brian terry was killed with two of more than 2,000 guns allowed to walk into the hands of known or suspected criminals. february the 4th of 2011 department of justice sent a letter to congress in which they stated the allegation that atf sanctioned or otherwise knowingly allowed the sale of assault

invoked his fifth or was instructed that he would invoke his fifth axe mendment right against self-incrimination in this process. so there is a series of very legitimate questions to be asked. what we do know by the information that came forward is that there was knowledge of these tactics at the highest levels at the department of justice and that there was a letter that was sent to the department of justice when a request was made about this information where the head of the criminal division is reportedly participating in the editing of that letter, a letter of denial that gun locking occurred at all. so we know that this goes to the highest levels. trust me when i say the head of the criminal division and the department of justice is at the highest levels. what did he know? when did he know? what we do know is in the period since then we have had a reversal. a 180-degree reversal in which that same department of justice now identifies that as fatally flawed. if it was fatally flawed who knew what and when did they know it? these are very legitimate questions to be asking, to be asking in a t

the judge struck his testimony from the record after he took the fifth as protection against self incrimination. abc 7 news says the prosecution will relie on photos taken after the assault. >> if a jury wants to convince others to vote guilty they'll say take a look at this, take a look at what happened. to this victim. >> there is a break in testimony. the judge cleared everyone from the courtroom except for the jury and attorneys its something not happening this trial yet and i have never seen. so i didn't know what to make of this. i was taken aback. >> when the judge went back on the record he stated jury tampering is a crime and admonished spectators. before breaking for the day the prosecutor replayed videos she presented in opening statement to illustrate motives for the assault. the interview with our media partner includes him describing in graphic detail how father lindner raped him and his brother as children, one juror seen wiping tears. lynch is expected to take the stand on friday. >> and on to something different. major announcements from google. the search giant kicked off it's

one of the boys stands up and make a self incriminating statement. >>> you know what it sounds like? it sounds like the preppie murderer robert chambers when he made the video twisting on the bobble head doll. who has the video? >> the fbi has the video. what is on it would explain in detail. it would explain in detail about it. >>> what happened in the deposition? >> run of the russians and josh asking the california boy his deposition for 40 minutes he took the 5th amendment. >> the kid whose father was fending him. >> they took the 5th when all of the questions were asked which is unusual behavior. if you kill george smith they take the 5th. >> i have to get to mom and sis. >> there were some polygraphs taken by the fbi. josh's lawyer says josh afghan failed his polygraph. >> he fail it had. >> the russian kids? >> greg rosenberg in his deposition he talked about the polygraph he admitted he failed as well. he claimed it was due to the fact he had some sort of disorder. >> i think it is a botched robbery, grand cover up right at the very beginning. that is why we are sitting here

one of the boys stands up and make a self incriminating statement. >>> you know what it sounds like?eppie murderer robert chambers when he made the video twisting on the bobble head doll. who has the video? >> the fbi has the video. what is on it would explain in detail. it would explain in detail about it. >>> what happened in the deposition? >> run of the russians and josh asking the california boy his deposition for 40 minutes he took the 5th amendment. >> the kid whose father was fending him. >> they took the 5th when all of the questions were asked which is unusual behavior. if you kill george smith they take the 5th. >> i have to get to mom and sis. >> there were some polygraphs taken by the fbi. josh's lawyer says josh afghan failed his polygraph. >> he fail it had. >> the russian kids? >> greg rosenberg in his deposition he talked about the polygraph he admitted he failed as well. he claimed it was due to the fact he had some sort of disorder. >> i think it is a botched robbery, grand cover up right at the very beginning. that is why we are sitting here 7 years later. >> the

out his testimony when the priest decided to plead the fifth which protects people against self-incrimination. lynch's defense team tried three times to get the judge to declare a mistrial, in part because they won't be able to confront lynch's accuser but the judge has refused those requests. the court was out of session yesterday. the trial resumes today and will lynch, the defendant, is expected to take the stand in what would be a pivotal moment. >> in fairfield a pastor is behind bars suspected of molesting teens. robert ruark works at st. timothy orthodox church. he was arrested last night based on allegations dating lack to 1994. police say they were tipped by clergy but already five alleged victims now adults have come forward. they claim ruark molested them at the church and in some cases took nude photos of them. >> suspended sheriff ross mirkarimi continuing to testify before the ethics commission this morning. mirkarimi now telling his side under oath for the first time. he admits to commissioners last night that he did bruise his wife's arm during a new year's eve fight. he also

. >> what is in those internal documents that the department of justice that is so self-incriminatinglease them? >> i just don't get the point. it just does not make sense. >> nobody wants to

. >> what is in those internal documents that the department of justice that is so self-incriminatinghat the doj will not release them? >> i just don't get the point. it just does not make sense. >> nobody wants to put a conclusion to this more than chairman issa. >> it's painful to sit here and watch it turn into a partisan political theater. >> how much did the president know about this? >> the hearing began with a friendly but very terse back and forth between the committee's republican chairman and its ranking member congressman elijah cummings. issa claimed attorney general holder was essentially blackm l blackmailing the committee, stop the investigation, he claimed the attorney general told him, and i'll let you see the documents. but congressman cummings was having none of it. >> didn't ask for an investigation, just ending this contempt fight. i double-checked with my staff because when you said that, i heard, i was in the meeting with him and i heard what he said. he was very clear. >> indeed, cummings was the first in today's hearings to question issa's true motivations. su

the question, what is in those internal documents that the department of justice that is so self-incriminating that doj will not release them? why would they rather use them in the negotiating tool? now, prior to today we have not had a request for executive privilege and now it has been asserted apparently that the president is requesting executive privilege. we assumed that the presidential executive privilege request only involves his communications. prior to today we weren't even aware the president was engaged into operations in response. the actions after february 4. what we have requested. the reason we are interested in these documents is the department of justice gave congress a false statement about doj's knowledge of "fast and furious." december the tenth brian terry was killed with more than 2000 guns allowed to walk into the hands of known or suspected criminals. there for a fourth of 2011 the department of justice sent a letter to congress in which they stated that the allegations that atf sanctioned or otherwise knowingly allow the sale of assault weapons straw purchasers who th

if you have a privilege and start to disclose information, even the privilege against self-incrimination to with hold anything else to manufacture a false scenery. gregg: bruce fine, former associate deputy attorney general. bruce, great to see you. thanks very much. >> thank you. jenna: we're still dipping into the committee hearing taking place, believe it or not they're still in opening remarks officially. gregg: really? jenna: that's why we're seeing different lawmakers get a microphone and get a chance to speak. we understand they will take a break in a short while before they plan to take the vote, the vote to hold the attorney general in contempt of congress. just within the committee but a significant vote at that. we're actually going to take a quick break right now. we'll be back with more coverage on "happening now." the medicare debate continues in washington... ...more talk on social security... ...but washington isn't talking to the american people. [ female announcer ] when it comes to the future of medicare and social security, you've earned the right to know. ♪ ...so wha

what is in these documents that is so self incriminating that it will not release them. they have turned over 7,000. i have no doubt that if they subpoenaed documents, they would not patiently wait 7 months. no u.s. attorney would allow someone to review their own documents. i'll just brief them on what they would include. no attorney would go for that idea. attorney general holder said he had more documents, but he tried to use them as a bargaining chip. -- what the question is in the documents that the doj will not release them? we have not had a request for executive privilege. it has been asserted that they are requesting an executive privilege. we assumed the executive privilege request only embosses communication deliberation. prior to today we are not aware that he was engaged in response to the actions after the february 4. but december the 10th brian terry was killed. congress said the allegation they allowed or transferred in this. atf makes every effort to have weapons that were there illegally. we now know that multiple people were involved in the drafting of

the question, what is in those internal documents that the department of justice that is so self-incriminating that d.o.j. would not release them? why would they rather use them as a negotiating tool? now, prior to today we have not had a request for executive privilege. but now it's been asserted apparently that the president is requesting executive privilege. we assume that the presidential executive privilege request only involves his communications, so prior to today we weren't even aware that the president was engaged in the deliberations in response to the actions after the february 4. what we requested. the reason we are interested in these documents is the department of justice gave congress a false statement, february 4 of 2011, about d.o.j.'s knowledge of fast and furious. december 10, brian terry was killed, with two of more than 2,000 guns allowed to walk into the hands of known or suspected criminals. february 4 of 2011, department of justice sent a letter to congress in which they stated that the allegation that a.t.f. sanctioned or otherwise knowingly allowed the sale of assault

what is in these documents that is so self incriminating that it will not release them. we have not had a request for executive privilege. it has been asserted that they are requesting an executive privilege. we assumed the executive privilege request only embosses communication deliberation. prior to today we are not aware that he was engaged in response to the actions after the february 4. but december the 10th brian terry was killed. congress said the allegation they allowed or transferred in this. atf makes every effort to have weapons that were there illegally. we now know that multiple people were involved in the drafting of this letter. we know that their statement was false. march 22 the president spoke to univision. he said there may be a situation where serious mistakes were made. if that is the mistake we will hold someone accountable. made the second, doj stated that atf's operation did not knowingly prevent them from taking guns into mexico. the next month the president had mistakes. then he told congress is not permit these. the deputy attorney claimed they